Karnataka Court November 2011 Judgments
State of Karnataka Vs. Palaxi at Paili. So Anjanappa Vellur, and ors.
Court: Karnataka
Decided on: Nov-30-2011
JUDGMENT 1. This appeal by the State is directed against the Ui. Judgment and order dated 27.2.2006 passed by the Additional Sessions Judge, Dharwad sitting at Hubli S.C.No.72/05 acquitting the respondents - accused Nos. 1 to 4 of the charges levelled against them for the offences punishable under Sections 341, 504 and 307 r/w Section 34 of IPC. Dining the pendency of this appeal, respondent No. I/accused No.1 died. Therefore, the appeal as against him stood abated. 2. The case of the prosecution in brief is that in the background of the previous ill-will accused Nos. 1 to 4 along with their associates numbering about 8 to 10 way laid PW.6 Rajanikanth in front of pan beeda shop situated near New English School, Old Hubli while he was proceeding or? a. motor cycle bearing registration No.KA-25./V-61o along with PW. 1-Manjunath at about 10.45 p.m. on 11.7.2004 and with an intention to commit murder of PW.6, accused Nos. I to 4 assaulted PW.6 with dangerous weapons like chopper, sword etc...
Tag this Judgment!Veerayya Vs. G.K. Madivalar
Court: Karnataka Dharwad
Decided on: Nov-30-2011
V. Jagannathan, J: 1. This Criminal Revision Petition is by the accused, who has been convicted by the Trial Court for the offence under Section 138 of the Negotiable Instruments Act and the said judgment and the consequent sentence of fine of Rs.2,00,000/- imposed being confirmed by the lower appellate Court by dismissing the petitioner’s appeal. 2. The facts of the case in short are that, the respondent filed a complaint alleging an offence under Section 138 of the N.I.Act on the footing that the petitioner herein had borrowed a loan of Rs.2,00,000/- from the complainant and towards the discharge of the said loan amount, the petitioner had issued a cheque for Rs.2,00,000/- and the said cheque dated 22.8.2005, on presentation, was returned with the endorsement insufficient funds. After issuing notice to the petitioner and receiving no response, the complainant approached the Trial Court by way of a private complainant under Section 200 of the Cr.P.C. 3. Before the Trial Court, e...
Tag this Judgment!Dr. Meenakshi and Others Vs. State of Karnataka, Rep. by Its Chief Sec ...
Court: Karnataka
Decided on: Nov-30-2011
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the road widening between Cauvery junction and Yeshwanthpur Circle is illegal and contrary to law and etc.,) 1. In this public interest litigation the petitioners are seeking a declaration that the road widening between Cauvery Junction and Yeshwanthpur Circle is illegal and contrary to law and for a restraint order to the second respondent-Bruhat Bangalore Mahanagara Palike from proceeding with the widening of the road between Cauvery junction and CNR Rao Circle without following the Karnataka Town and Country Planning Act and the Karnataka Preservation of Trees Act and without hearing the residents of the areas around the said road. They are also seeking a direction to the respondents to follow the provisions of the Karnataka Town and Country Planning Act as well as the Karnataka Preservation of Trees Act. BRIEF FACTS 2. The facts in brief leading to this litigation ar...
Tag this Judgment!The State of Karnataka, by Its Secretary, Department of Primary Educat ...
Court: Karnataka
Decided on: Nov-30-2011
Vikramajit Sen, Ag.C.J. In all these writ appeals, there are applications for condonation of delay of varying period of several months. We have noticed hereinafter that a Special Leave Petition had been preferred by the appellants against the Judgment delivered in State of Karnataka –vs- H. Peter (Writ Appeal No.291/2007) which came to be dismissed by their Lordships on the ground of delay. Although this very course commends adoption by us in these writ appeals, we think it proper not to charter that course for the reason that their Lordships have issued notice in some other Special Leave Petitions. Since the entire issue is before their Lordships, we think it expedient to condone the delay. Accordingly, the delay in filing the present appeals is condoned. 2. These appeals have been filed on behalf of the State of Karnataka through its Secretary, Department of Primary Education Bangalore, against the order of the learned Single Judge dated 26.07.2010 passed in Writ Petition Nos.2...
Tag this Judgment!K.N. Suresh Vs. State of Karnataka Represented Public Prosecutor Banga ...
Court: Karnataka
Decided on: Nov-29-2011
This criminal petition is filed under section 482 Cr.P.C praying to quash the fir with crime no.411/2011 on the file of the Indiranagar p.s., Bangalore alleging offences p/u/s 79-80 of the Karnataka police act produced at annexure – b. 1. This petition is filed seeking to quash the proceedings in Crime No.411/2011 of Indiranagar Police Station, Bangalore registered for the offence punishable under Sections 79 and 80 of the Karnataka Police Act. 2. It is the case of the complainant who is the ACP, Bangalore City that on 25.10.2011 the petitioner was playing poker games inside his house bearing No.552, first floor, 5th cross, 8th main, Indiranagar, Bangalore and when the police authority raided the said house it was found that the petitioner and others were playing the game called ‘Andar Bahar’. Ten persons who were found in the house were apprehended by the Police and certain articles including cash were seized from the said house based on which a case in crime No.411/...
Tag this Judgment!Smt. S. Mary Kutty and Others Vs. Nazeer Ahmed and Others
Court: Karnataka
Decided on: Nov-29-2011
(Prayer: This Mfa Is Filed U/S.173(1) Of Mv Act Against The Judgment and Award Dated 20/6/2006 Passed In Mvc No.564/02 On The File Of The Vii Addl Judge, Member, Mact-3, Court Of Small Causes, Metropolitan Area, Bangalore (Scch-3), Partly Allowing The Claim Petition For Compensation and Seeking Enhancemebt Of Compensation.) 1. This appeal by the claimants is directed against the common judgment and award dated 20.6.2006 passed in MVC No.564/02 on the file of the VII Addl. Judge, Member MACT-3, Court of Small Causes, Bangalore (for short, ‘Tribunal’). The Tribunal by its impugned judgment and award, awarded compensation of Rs.6,65,096/- with interest at 6% p.a. from the date of petition till the date of realization, fixing 50% contributory negligence on the part of deceased Kunjachan, on account of his death in a read traffic accident. The claimants have presented this appeal on the ground that the quantum of compensation awarded by the Tribunal as inadequate and fixing cont...
Tag this Judgment!Kolkunte ThipperudrappA. Son of KariyappA. Vs. Heggeri NagarajappA. So ...
Court: Karnataka
Decided on: Nov-28-2011
1) This appeal is directed against, the judgment, and order dated 18.04.20) 1 passed by the I Additional Senior Civil Judge, Davangere, in R.A. No. 129/2006 allowing the appeal and Setting aside the judgment and decree dated 06.04.2006 passed by the Principal Civil Judge (Jr.Dn.), Davangere, in O.S. No. 188/2005 decreeing the suit by the appellant/plaintiff for declaration and permanent, injunction in respect of the suit schedule. 2) The subject matter of the suit is agricultural land bearing Sy. No.42/2Pl measuring 2 acres 25 guntas situated at Katehalli Village in Davangere Taluk. 3) The case of the appellant/plaintiff in brief was that, he along with his uncle effected partition of the joint family properties under the registered partition deed-Ex.Pl dated 11.08.1980: that as per the said partition deed, the suit schedule property fell to the share of the plaintiff apart from other properties; that thus, the plaintiff has been in lawful possession and enjoyment of the suit schedule ...
Tag this Judgment!Ravindra So. Late Marappa and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-25-2011
1. These three petitions are related to the same crime number, hence, they are taken up together for the purpose of disposal. 2. Crl.RNo.5410/2011 is filed on behalf of accused No.1, Crl.P.No.5828/2011 is filed on behalf or accused No.6 and Crl.P.No.6036/201 1 is filed on behalf of accused No.7 seeking bail in crime No. 145/20 H of Nandagudi Police Station, registered on 04.07,2011 for the offence under Section 395 IPC. 3. It is the case of the complainant. Sri Shridhar Kumar that in the intervening night of 3 and 04.07.2011 at about. 12.05 hours (mid-night) when he was going on the Kolar - Bangalore Road, in his Swift ear bearing No.KA 61. 2 6209. one Tata Innova car came and stopped in front of his car and obstructed from going further. Immediately, another Tata Sumo came and 10 persons got down from the said vehicle and broke the hind glass of Swift car. The persons thereafter, asked the complainant to get down from the car and also the inmate Sri Prakash. When they got down from th...
Tag this Judgment!J. Rama Vs. M. Vittal Bhat and Others
Court: Karnataka
Decided on: Nov-25-2011
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India with a Prayer to quash The impugned order Of the 14TH Respondent (Karnataka Appellate Tribunal, Bangalore) Passed in Appeal No.726 of 1998 DT.26.6.01 Produced At Anx.A.) 1. Smt.Manjula Kamadalli, learned High Court Government Pleader is directed to take notice for respondents 12 to 14. 2. The subject matter of this writ petition is an agricultural land bearing Sy.No.71/1A1 measuring 2 acres 86 guntas of Paduva village, Mangalore. 3. The petitioner makes an application in Form No.7 under Section 48 A of the Karnataka Land Reforms Act for grant of occupancy rights. On contest the said application was granted pursuant to the order dated 20.10.1981. On such grant, the petitioner mortgaged the property to an extent of 1 acre 46 cents in favour of the Corporation Bank for the purpose of development and improvement of the said agricultural land. The petitioner defaulted in the payment of the dues. The...
Tag this Judgment!A. Thimmegowda Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Nov-25-2011
1. This Writ Petition is filed under article 226 of the constitution of India praying to quash R-2’s letter dt.10/08/2004 vide Annex. F and direct R4 and R3 to prepare and publish separate Cadre-wise seniority lists in respect of each of the 3 cadres viz., Lecturer, (Senior Scale) and Lecturer (Selection Grade) and also in respect of Lecturer (Selection Grade) (Ex-Cadre). The Learned Single Judge of this court who fond inconsistency in the judgments rendered in W.P. No. 23322/2001 dated 06/10/2011, which was affirmed in writ appeal by a Division Bench in W.A No. 7537-7538/2001 dated 01/07/2002 and W.A No. 3693/2002 dated 01/04/2005, was of the view that these inconsistent orders of Division Bench of this Court require to be resolved by a Coordinate Bench or a larger Bench. Therefore, he directed that the writ petition be placed before the Hon’ble chief Justice to obtain appropriate orders. Accordingly by an order dated 24/11/2011 the learned Chief Justice has directed that ...
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